1 June 2014Jurisdiction reportsMaría del Pilar López and Esteban Monge

IVF and clinical research still on hold

As a result, nine infertile couples brought a case against the Inter-American Commission on Human Rights that, in November 2012, was decided by the Inter-American Court of Human Rights. The ruling established that an absolute ban of IVF violates the right to privacy, the right to family and the right to personal integrity. The ruling also acknowledged that infertility was a disease recognised by the World Health Organization and that infertile people should be granted access to fertility treatment. Among the reparations ordered by the court were the reinstitution of access to IVF and the incorporation of access to this technique in the country’s social security administration.

However, as of today, nothing has happened to remove the prohibition of IVF in Costa Rica. Couples have had to travel to other countries to access this medical procedure and thus be able to achieve a pregnancy. The Inter-American Court of Human Rights granted Costa Rica until December 20, 2013 to enact a law regulating the subject. However, this was disregarded by the National Congress and there is still no regulation allowing the technique. Although several bills are being discussed at the National Congress to regulate IVF, there is no consensus due to discrepancies in the number of fertilised eggs allowed, the storage of zygotes and the legality of the technique if it were only available for married women, among others. However, some argue that it is the Constitutional Chamber itself which must endorse IVF, arguing that the effect of the ruling that banned the technique in 2000 is not binding any more.

New members of the National Congress and the Executive Branch will assume office in May 2014, so there is no enthusiasm at the congress to enact a law within the last weeks of the current government. Elsewhere, the Costa Rican Social Security Administration (SSA) has reported that several professionals are being educated abroad to implement the technique.

Research involving human beings

The Costa Rican government must resubmit a report on the progress of IVF by mid-2014, knowing that the court will criticise it for failing to comply despite an international judgment, shaming Costa Rica before the international community.

Clinical trials were declared against the Constitution in Costa Rica in January 2010. The Constitutional Chamber proscribed the rules regulating the subject. The declaration was that clinical trials are against the Constitution’s rules on the protection of life and human dignity.

As a result, the Ministry of Health had to discontinue more than 100 trials that were taking place, although these then resumed so as not to compromise the health of patients. Nonetheless, it impeded new research ahead of the issuance of the relevant legislation.

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk